CH. IFTIKHAR HUSSAIN, J.-At the outset, the leaned counsel for the petitioner has requested orally to allow him to add section 392/411, PPC in the main petition, According to him, he came to the addition of there same later on. However, his request has been allowed in the interest of justice. He has made the necessary addition in the bail petition with his signature before the Court today.
3. Petitioner Mst. Grace Bibi through the instant petition has sought for post-arrest bail in case FIR No. 160/2003 originally registered under section 382, PPC with Police Station Wahdat Colony, Lahore.
Later on, the police have added section 392/411, PPC in the same.
4. Briefly the allegation against her is that she had abetted her co-accused in the commission of the dacoity in the house of the complainant.
5. After hearing the learned counsel for the parties and perusing the record, I find that the mere allegation against her is of abetment to her co-accused in the commission of-the crime alleged.
There is no direct evidence of her involvement in the same. Her name has figured in the supplementary statement of the complainant Shahid Hameed recorded on 29.10.2003. The same, thus was after about four months of the alleged incident. Anyway, the question of evidentiary value of such belated statement is open to serious consideration. Her case, therefore, is amply covered under sub-section (2) of section 497, Cr.P.C, calling for further inquiry into her guilt.
6. She is a woman and hence the first proviso to section 497(1) Cr.P.C, is also attracted to her case.
7. She is stated to be behind the bars since 5.4.2004 and a previous non-convict.
8. Ln these circumstances, I find her entitled to bail. The petition therefore, is accepted and she is admitted to bail subject to her furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the learned Illaqa Duty Magistrate.